Affirmative Defenses

Question 1

Historically, the affirmative defenses to torts where (2):

Answer 1

Contributory Negligence and Assumption of Risk.

Question 2

The Modern Doctrine of Defense is:

Answer 2

Comparative Negligence.

Question 3

Comparative Negligence is a defense where the defendant attempts to show

Answer 3

that the plaintiff did not exercise proper/reasonable care for their own safety. Can be shown by the plaintiff’s violation of a self-protecting statute, or failed to act as a RPP.

Question 4

If Comparative Negligence is found, the jury will assign

Answer 4

a degree of fault. The Plaintiff’s recovery will be reduced by their percentage of fault.

Question 5

In PA, a “modified comparative negligence” jurisdiction,

Answer 5

Plaintiff fault up to 50% will reduce recovery by that much. Plaintiff fault over 50% will completely eliminate Plaintiff’s recovery.